Legal Question in Landlord & Tenant Law in California
I live in los angeles city.
My landlord verbally told us that, his property is going into forclosure.and I and the other tenant would have to leave.
I checked with the housing dept. who informed us that my landlord illegally changed the configuration of his single family dwelling into a mullti unit dwelling, and, as such, the tenants would be entitled to relocation assistance if asked to leave by either the landlord, or the bank, once forclosed. .
In the meantime, my landlord filed for bankcruptcy and the tenants were mailed a notice that if we had any dept claims, we had to file before a certain date and appear at the bankcruptcy hearing.
Do we need to file a claim for the relocation assistance even if we did not receive written notice?
If we don't, do we forego our right to that assistance?
He told us
1 Answer from Attorneys
You might file a claim with the bankruptcy court, and serve it on debtor's attorney, to preserve your rights. In addition, if he holds a security deposit, you should make a claim for that as well.
Although you did not receive written notice, you have learned about the bankruptcy, so you would be held to have knowledge of the bankruptcy to presume that you would take the necessary action in a timely manner.
Also, you cannot be evicted legally without the proper procedure being followed -- i.e. a written notice giving you the proper time to leave -- usually 30 or 60 days, depending on the length of your tenancy. If you don't leave in that time, then the landlord or his/her successor (the bank) could file an unlawful detainer lawsuit against you to proceed with the eviction.
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